rights of light & Daylight and Sunlight

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Consideration of Daylight and Sunlight in the planning context is by way of reference to the Building Research Establishment Guide: “Site Layout Planning for daylight and Sunlight” and also the BS 8206 Part 2. 

This sets out certain design considerations which developers should seek to comply with / incorporate within their proposals.

From  a neighbouring owners point of view it also provides the Planning Authority with a framework to consider the impact of a development proposal on neighbouring properties. It sets out certain "rule of thumb" calculations which will determine whether a more detailed Sunlight & Daylight Study is required in support of the planning application.

The BRE document is however prefaced by the caveat that it is for guidance only and to paraphrase, suggests that in a built urban environment some impact on light to a neighbouring owner's property from a proposed development is almost inevitable and depending on the degree of impact would not of itself necessarily be  reason to refuse an application.

Importantly in the planning context not all rooms affected by a proposal are considered.

A Right to Light is an easement which is enforceable in common law.

Essentially it provides an entitlement to receive sufficient natural light from the sky to a room through a defined aperture (usually a window)  to enable use of the building for the normal purpose which it is put . 

In the event that a neighbouring development interferes with that light to such a degree that an actionable injury arises the injured party can seek redress through the courts, usually by way of an injunction preventing or ordering the removal of such interference.

Unlike Daylight and Sunlight in the planning context there is no distinction as to what might be considered a habitable room and generally there is no latitude given in terms of what might be considered an actionable injury or not.

Nightingale Smith have been advising on Rights of Light matters for many years and have had many notable successes primarily in defending the rights of affected owners either persuading or preventing an owner from causing an actionable injury to their neighbour or arriving at a negotiated financial settlement.

Our services include -

• initial consideration of proposals including a preliminary site visit and advice
• requesting and interpreting  Rights of Light Studies
• computer modelling
• instructing Solicitors in seeking injunctions
• acting as Expert Witness in court proceedings
• negotiating settlements